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HomeMy WebLinkAbout238115 CENTEX HOMES - CONTRACT - CONTRACT - 24136FIRST ADDENDUM TO DEVELOPMENT AGREEMENT This First Addendum to Development Agreement is entered into between the City of Fort Collins, Colorado, a Municipal Corporation, hereinafter referred to as the "City", and Centex Homes, a Nevada general partnership, hereinafter referred to as the "Developer", and shall be effective on the date signed by the City. 1. The City and Developer are parties to a Development Agreement dated October 12, 2003 ("Agreement"), regarding the real property described as: Lind Property, Filing 1, a tract of land located in the southwest quarter of Section 29, Township 8 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. 2. The parties have agreed to amend the Agreement as follows: Section II. Special Conditions E. Trail Underpass Construction Cost 1. Prior to the issuance of any building permit in Phase 1 and prior to the construction of either County Roads 52 or 11, the Developer shall pay the City Parks and Recreation Department cash in the amount of $13,079.00. This amount is the estimated cost for the Developer's portion of the City's trail system. The Developer will design and construct an underpass at County Road 52 for the City's trail system, and shall coordinate such design and construction with the overall design and construction of the County Road 52 improvements. The Developer shall submit construction plans for the underpass to the City for review and approval prior to the commencement of construction. Upon completion of the trail underpass, the City will reimburse the Developer for the reasonable and necessary costs related to Developer's design and construction of the trail underpass. The construction cost of the trail underpass is estimated at about $645,000. The City must approve all construction work prior to the payment for such work to the Developer. 3. Except as set forth herein, the terms of the Agreement shall remain in full force and effect. A1TES X/W�a/ems City Clerk I- W�c THE CITY OF FORT C( A Munich Corporation By: j4z:�/ f Darin A. Atteberry, City Date: ti\0,� k , -2,�!5' APPROVED AS TO CONTENT: City Engineer Attorney DEVELOPER: Centex Homes, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada Corporation and ging General P rtner By: Mark L. Krivel, Denver Division President 09/02/2005 FRI 14:40 FAX 970 221 6586 CITY OF FT COLLINS CLRS 10001/002 CGNTEX HOMES August 11, 2005 Craig Foreman Manager, Park Planning & Development .City of Ft. Collins 215 North Mason Street, 3'a Floor Ft, Collins, CO 80522-0580 RE: Brightwater Landing Filing 1-- Pedestrian Underpass Reimbursement 10333 E. Dry Cmek RC., 5u"ite 30o Englewoo4 CC 80112 Phone::l03-782.9810 Fax: 303-fV-9811 Dear Mr. Foreman, Please accept this letter as a request from Centcx Homes (Centex) to receive reimbursement for the CRl 1 & CR52 Pedestrian Underpass improvements designed for the Brightwater Landing (Lind Property) Filing I community, Centex is requesting a reimbursement amount of $34,689.30. Please review the below cost breakdown for the reimbursement amount Centex is requesting. On a letter dated February 25, 2003, Centex previously requested a reimbursement in the amount of $10,000.00. This amount is deducted from the total reimbursement. Less Previous Current Application Description Contract Amount Fail to Contractor Request Request Pedestrian Underpass R11 - Engineering. Design Stantec $ 16,500.00 $ 16,600.00 $ 8,260.00 $ 8,250.00 Pedestrian Underpass R52 - Engineering Design Stantec $ 31500.00 $ 3,500.00 $ 1,750.00 $ 1,750.00 Pedestrian Underpass CR52 - Redesign Fees Stantec $ 23,564.30 $ 23 564.30 $ - $ 23,564.30 Pedestrian Underpass CR52 - Pothole Utilities r Redesign Schmidt $ 1,125.00 1 $ 1,125.00 $ - $ 1,125-00 Total Request Reimbursement - $ 34,t3t39.30 .J Payment to be made on August 31, 2005_ Documentation of payment can be provided after this date. Also below is a description of each attached Exhibit confirming the above information 0 Exhibit A -- 5tantec Invoice 1t41865 showing the remaining $8,250.00 for CR11 Engineering Design and Centex check #23,6439 showing payment (3 pages). 0� 07 a� 61-D-vs g%i 4�D5 09/02/2005 FRI 14:40 FAX 970 221 6586 CITY OF FT COLLINS CLRS Q 002/002 • Exhibit B — Stantec Invoice #030788 showing 100% invoice for $3,500 for CR52 Engineering Design and Centex Pay Application showing 100% payment (2 pages). • Exhibit C - Stantec Invoice #52546 showing CR52 Engineering Redesign Fees. Confirmation of Payment from Centex to Stantec can be provided after Aug. 31, 2005. • Exhibit D -- Schmidt Earth Builders Invoice #PO5039.01 for Potholing existing underground utilities on CR52 to be able to redesign the Pedestrian Underpass and Centex check #237506 showing payment (3 pages). As invoices are received from Arapahoe Utilities and Infrastructure for the installation of the Pedestrian Underpass structure, I'll submit additional reimbursement requests. Please make payments to: Centex Homes 10333 E. Dry Creek Road, Suite 300 Englewood, CO 80112 Attn: Rodney Muller Thank you for your time in reviewing this request. Please let me know if you have questions or if you need additional information at (303) 356-8944. Sincerely, Centex Homes .Ff Rodney A. Muller Land Development Project Manager CENTER HOMES • 10333 E. Dry Creek Road • Suite 300 • Englewood, Colorado 80112 - (303) 792-9810 • FAX (303) 792-9811